IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10529 of 2005
LIOYDS FINANCE LTD. THRU. PANKAJ DESAI & ORS
Versus
STATE OF BIHAR & ANR
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4 3.7.2008 Heard learned counsel for the petitioner and learned
counsel for the state. None appears on behalf of opposite party no.2.
This application has been filed for quashing the order
dated 23.11.04 passed by Shri Manoj Kumar Singh, Judicial
Magistrate, 1st Class, Patna in Complaint Case no. 519© of 2004
whereby and whereunder he had taken cognizance against the
petitioners under sections 406, 420 and 120B of the Penal Code.
Shortly stated the case of the complainant/opposite
party no.2 is that on 14.8.2006 he deposited Rs. 20,000/- in fixed
deposit money doubler plus scheme of accused company for 60
months. After maturity the complainant/opposite party no.2
deposited fully discharged fixed deposit receipt and asked for
payment but the amount was not paid. In this way the company
cheated the complainant/opposite party no.2.
Learned counsel appearing on behalf of the petitioners
referred to supplementary affidavit filed on their behalf and
submitted that the entire due amount of opposite party no.2 has been
paid to him and now nothing remains to be paid. In this connection
he referred to annexure-11 to the supplementary affidavit. He
submitted that since the entire payment has been made to opposite
party no.2 and therefore, no useful purpose would be served by
2
allowing this criminal prosecution to continue against the
petitioners.
This court finds substance in the argument of learned
counsel.
In the facts and circumstances of the case, this
application is allowed and the impugned order of cognizance dated
23.11.2004 as against the petitioners is hereby quashed.
Al
(M.Saran,J)